Garcia

Garcia v. Holder

Good Law
318 F. App'x 502
United States Court of Appeals for the Ninth CircuitMarch 9, 2009No. 08-73047California326 words

Opinion

Lead Opinion

MEMORANDUM **

The motion to proceed in forma pauperis is granted. The Clerk shall amend the docket to reflect this status.

*503 This is a petition for review from the Board of Immigration Appeals’ (“BIA”) June 18, 2008 decision denying petitioners’ motion to reopen and reconsider.

We have reviewed the record, respondent’s motion for summary disposition, and the opposition thereto. We conclude that summary disposition is appropriate because the questions raised by this petition for review are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir.1982) (per curiam) (stating standard).

The regulations provide that a party may file only one motion to reconsider any given decision, and such motion “must be filed with the Board within 30 days after the mailing of the Board decision.” See 8 C.F.R. § 1003.2 (b)(2). The regulations also provide that “a party may file only one motion to reopen,” and that the motion “must be filed no later than 90 days after the date on which the final administrative decision was rendered in the proceeding sought to be reopened.” See 8 C.F.R. § 1003.2 (c)(2). The BIA did not abuse its discretion in…

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